Research On Liability For Damages Of Vehicle Relying

With the rapid development of social economy,there are many forms of operation in road traffic operation.As an important mode of vehicle operation,vehicle attachment provides an important impetus for the prosperity and development of China's transportation industry.However,the current laws and regulations in our country are very complicated to regulate the problem of vehicle attachment.Therefore,when there is a legal dispute over the hanging of a vehicle,the same case is different,especially in the case of a traffic accident involving a hanging vehicle.The court often has different decisions on the validity of the hanging agreement and the legal relationship between the hanging party and the driver.In view of this,the study of the liability for damages in the legal relationship of vehicle attachment is of great theoretical and practical significance for promoting the normalization and scientific development of vehicle attachment model.Based on the definition of the concept and characteristics of vehicle attachment,this paper analyzes the present situation and problems of damage compensation for vehicle attachment.Among them,the existing problems are the confusion in the recognition of tort damage liability,the excessive exaggeration of the subordinate attributes of the driver's labor,and the different validity of the contract of the vehicle's attachment.Using the theory of operation dominance and the theory of operation benefit,the author discusses the compensation for damages of the attached and the attached parties.It is believed that the affiliated party is the appropriate compensation subject.At the same time,starting from the effectiveness of the linked contract,the compensation method between the two is discussed as joint and several compensation.At the same time,it is proposed whether the affiliated party and the driver have established a labor relationship.It does not affect the compensation for judicial injuries by the affiliated party.It is pointed out that the insurance premium for industrial injuries should be paid by the affiliated party,but the cost of the expenses can be transferred to the affiliated party in the form of a hanging fee.Finally,the author puts forward some suggestions on the compensation for the injury of the vehicle,which should include the driver of the vehicle in the scope of insurance against injury at work,and divide the burden of proof reasonably in the course of judicial practice,and finally form a good situation of multi-sector joint support to the development of the vehicle business model.